‘You think you are a lord and can do anything?’: After HC rap, FDA revokes suspension of five restaurants at Mumbai Cricket Association premises

MUMBAI: The Maharashtra Food and Drugs Administration (FDA) on Saturday withdrew its orders suspending the food safety licences of five eateries at the Mumbai Cricket Association’s (MCA) premises in Bandra-Kurla Complex, hours after the Bombay High Court came down heavily on the department for passing “mechanical orders” despite its earlier directions

MUMBAI: The Maharashtra Food and Drugs Administration (FDA) on Saturday withdrew its orders suspending the food safety licences of five eateries at the Mumbai Cricket Association’s (MCA) premises in Bandra-Kurla Complex, hours after the Bombay High Court came down heavily on the department for passing “mechanical orders” despite its earlier directions.

The state government told a division bench of acting chief justice Ravindra Ghuge and justice Gautam Ankhad that the FDA had decided to withdraw the suspension orders after the court warned that contempt proceedings could be initiated against its assistant commissioner.

The court was irked by the manner in which the FDA official had dealt with the matter, observing that the authority appeared to have passed the orders without properly considering the court’s earlier directions, the applicable legal provisions and the contractual arrangement between the MCA and the contractor running the food outlets.

On August 25, the bench had directed the FDA to conduct fresh inspections of all the food establishments on the MCA premises and take a fresh decision. It had also restrained the outlets from serving any food other than tea and coffee dispensed through vending machines until then. The FDA was directed to submit its report to the court on Saturday on the findings.

However, when the matter came up at court, the judges noted that the fresh order passed by the assistant commissioner was in the same mechanical format and did not adequately address the issues flagged by the court. The bench had earlier pointed out that the inspection assessment did not mention the marks awarded for various activities, as is normally done in such cases. “There is no mention of the marks which have been granted to various activities, as is normally done in every matter which we have seen in the cases that have come before us,” the court had observed.

The court had also specifically directed the FDA to consider the contract between the MCA and Shirke Infrastructure, a partnership firm operating the food outlets. MCA’s lawyers had pointed out that under the contract, it was the contractor’s obligation to obtain registration or a licence in the name of the MCA for running the catering services.

The judges questioned the haste with which the officials had acted and reiterated that authorities could not pass orders without properly applying their minds to the law, statutory rules and the court’s directions. “Why this haste? You do not read our orders, you do not read the law. You think you are a lord and can do anything... “ ACJ Ghuge observed.

The bench also recalled its earlier warning to the FDA “not to kill a mosquito with a sword” and warned of contempt proceedings against the commissioner.

The government lawyer subsequently consulted FDA officials present in court and informed the bench that the orders suspending the licences of the five food establishments were being withdrawn. The dispute arose after FDA officials inspected the MCA premises on August 20 and the department suspended the association’s food licence the following day, citing alleged violations of food safety norms.

The FDA had flagged deficiencies relating to food handling, storage, refrigeration and sanitation at five outlets: the Permit Room, Pavilion, Mediterranean, Oriental Swing, and Clubway and Pastry Counter, operating from the Sharad Pawar Indoor Cricket Academy and Recreational Centre in BKC.

The MCA subsequently filed five separate petitions challenging the suspension.

The association argued that the establishments had achieved 98% compliance with food safety norms and questioned the decision to suspend their licences. Its counsel also pointed out that the suspension order did not specify the deficiencies allegedly found during the inspection and that there had been no complaints against the establishments.

“Even if I want to comply, how do I comply with such an order,” the MCA counsel had asked, pointing out that the order had not been properly communicated. The petitions further argued that the immediate suspension had resulted in a complete shutdown of food and beverage services and business without any prior notice, show-cause notice or opportunity to be heard.